[Direct answer]It shall be fully borne by the employing unit. According to Article 62 of the "Regulations on Work-related Injury Insurance", if an employing unit fails to participate in work-related injury insurance in accordance with the law, the workers who suffer from work-related injuries shall be compensated by the employing unit in accordance with the items and standards of work-related injury insurance benefits stipulated in the regulations; that is to say, the absence of social insurance does not affect the determination of work-related injuries. However, the portion originally paid by the work-related injury insurance fund will be replaced by the unit itself. Therefore, even if delivery riders do not have social insurance, as long as they have a labor relationship with the employing units such as delivery companies, they can still apply for work-related injury determination and claim all benefits such as medical expenses, wages during the period of suspension of work and leave with pay, and disability compensation from the unit.

I. Problem Background and Typical Scenarios

Most riders are flexible workers or contracted with third-party companies, without five insurances and one housing fund. After getting injured, they are told, "You don't have social insurance, so you can't claim workers' compensation." Some are even advised, "Just go through medical insurance or accident insurance instead." In fact, social insurance is just the funding source for workers' compensation, not a prerequisite for workers' compensation recognition. It's illegal for employers not to pay social insurance, and the law precisely arranges the system of "full payment by the employer" to ensure that workers' benefits are not affected.

II. Key points of contention

1. Can a work-related injury be recognized without social insurance? 2. Who pays the benefits and what items are included? 3. How to determine the employer's legal entity? 4. What alternative path should be taken when it's impossible to establish a labor relationship?

III. Professional analysis by Henglue Law Firm

The first layer: Whether or not the worker is insured does not affect the determination of the work-related injury. The core of work-related injury determination lies in the injury facts and labor relationship that meet the criteria of "working time, workplace, and work-related reasons". Whether the employer has purchased work-related injury insurance is not a necessary condition for determination. If the employer has not purchased insurance, the human resources and social security department should still accept and determine the case according to law. The second layer: Benefit payment subject: Items that should be paid by the work-related injury insurance fund (such as one-time disability compensation, medical expenses, etc.) should be paid by the employer at the same standard if the employer has not purchased insurance. Items such as wages during the suspension of work and care expenses should also be paid by the employer. If the employer refuses to pay, the worker can apply for labor arbitration and enforce the payment. The third layer: Determination of the employer: In the takeout industry, the employment chain is relatively long. The actual employer should be confirmed through dispatch records, management records, attendance and settlement methods. If the contracting entity and the actual management entity are inconsistent, the relevant entities can be listed as respondents together, and the arbitration and court will clarify the situation. The fourth layer: Alternative and supplementary paths: If it is not possible to determine an employment relationship, the worker can claim compensation according to the liability for harm to service providers, or seek compensation from the commercial accident insurance purchased by the platform. At the same time, the worker can report the employer's failure to purchase insurance to the labor supervision department and urge the employer to make up for the arrears and bear corresponding responsibilities. Henglue Tip: Riders should fix the evidence of employment and management as soon as possible to avoid data loss due to account deactivation, and apply for work-related injury determination within the statutory time limit.

IV. Practical suggestions and legal basis

The first step is to confirm the actual employer and the labor relationship, and fix the evidence of dispatching tasks, attendance, and settlement. The second step is to apply for work-related injury identification to the human resources and social security department within one year from the date of the accident, and not to give up due to non-insurance. The third step is to claim expenses from the unit according to the work-related injury insurance benefits after identification, and apply for labor arbitration if the unit refuses to pay. The fourth step is to transfer to labor liability or commercial insurance claims if the labor relationship cannot be identified, and report the unit's failure to insure. The main legal basis: Article 17, 18, and 62 of the "Regulations on Work-Related Injury Insurance" (amended in 2010 and implemented on January 1, 2011), and the "Social Insurance Law of the People's Republic of China" (implemented on July 1, 2011). The specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three key points about work-related injuries without social insurance: The absence of social insurance does not affect the recognition of work-related injuries; what's missing is the funding source. The employer shall pay the full amount of compensation according to the project, and refusal to pay can be subject to arbitration enforcement. First, determine the labor relationship, then proceed with the recognition and claim process. For cases involving work-related injury compensation and labor arbitration, you can seek assistance through the following channels:Labor arbitration and work-related injury compensationFor services involving comprehensive solutions, such as personal injury compensation, relevant parties may combine them with other legal services to achieve better results.Personal injury and medical disputesFor issues related to the confirmation of employment relationships, you may refer to the following document for reference:Business and contract disputes in enterprisesFor any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can a work-related injury be recognized even if the employee hasn't paid social insurance premiums?

Yes. Whether or not the worker has paid for work-related injury insurance is not a prerequisite for the recognition of work-related injuries. The human resources and social security department should still accept and make the determination according to law, but the benefits that should be paid by the fund will now be borne by the employer instead.

Q2: Who will pay the compensation?

The employer shall pay the full amount of the work-related injury insurance benefits in accordance with the items and standards, including medical expenses, wages during the period of suspension of work and leave with pay, and disability compensation, etc. If the employer refuses to pay, the employee may apply for labor arbitration and enforce the payment by legal means.

Q3: Can the unit use the lack of social insurance as a reason to refuse to compensate?

No. It is an illegal act for the unit not to insure its employees in accordance with the law. The law clearly stipulates that the unit shall pay according to the standard of treatment, and the unit shall not refuse to assume the responsibility for work-related injuries on this ground; in serious cases, it can also report it to the labor supervision department to urge the unit to make up for the social insurance and deal with it in accordance with the law.

Q4: What should I do if I haven't signed a contract?

You can first collect the work assignment, attendance, settlement, and chat records, apply for labor arbitration to confirm the labor relationship, and then apply for work-related injury identification. The more evidence you have, the smoother the confirmation process will be.

Q5: Can I still purchase commercial insurance?

Yes. Platforms or delivery companies often provide accident insurance for riders, which can serve as supplementary compensation; however, commercial insurance does not replace workers' compensation benefits. Claiming workers' compensation benefits remains the main path, and the two can be claimed concurrently without conflict with each other.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.